The Adoption Leave Act 2005 amends the Adoption Leave Act 1995, which provides for adoption leave primarily for the adoptive mother and her right to return to work after that leave. Laura: Today, Jill and I will discuss some of the key differences in employment law between NI and ROI. Under the unfair dismissal laws 1977-2015, unfair dismissal can occur if your employer terminates your employment contract with or without notice, or if you terminate your employment contract with or without notice due to your employer`s conduct. This is called constructive dismissal. Laura: Another key difference between NI and ROI is injunctions. As a result, applications for injunctions by employees in the Irish civil courts are a frequent feature of Irish employment law. And in general, with the return on investment, you would see these kinds of provisions brought in by the leaders of a company, but more often than not, we see them introduced at younger levels. The Work Permits Amendment Act 2014 provides vulnerable migrant workers who did not have the opportunity to assert their employment rights unless they held a valid work permit and were entirely dependent on their employer to process their application. Civil lawsuits may be brought for compensation for work performed, provided the employee has taken all reasonable steps to comply with the licensing requirement. This document describes some of the most important labour laws in Ireland.
The text of laws and legal acts is also available in irishstatutebook.ie and oireachtas.ie. The 1997 Working Time Organization Act regulates a number of conditions of employment, including maximum hours of work, night work, annual leave and public holidays. Employees (Information and Consultation) Act 2006: lays down minimum requirements for the right of workers to be informed and consulted on changes in their employment structure and activities when transferring undertakings. It applies to employers with 50 or more employees. It lays down the minimum time limits for the termination of the employment relationship. The notice period depends on the length of the employee`s continuous service. Notice periods range from one week`s notice for an employee with up to two years of service to eight weeks` notice for an employee with 15 or more years of service. Therefore, the injunction is a very powerful tool used by Irish workers against their employers. Therefore, a prudent employer should obtain detailed legal advice before initiating a process to terminate the employment relationship. There are many similarities between the labour laws of the Republic of Ireland, Great Britain and Northern Ireland. This is because they are all common law jurisdictions and many of the new employment laws in all of these jurisdictions have been derived from European directives. You must comply with your privacy obligations when collecting resumes and related information about individuals.
Legal obligations arising from employment law are not affected by the General Data Protection Regulation (GDPR). For example, you must continue to retain certain data, such as: Records of hours of work and employee rates of pay. These employee records show that you are complying with labour laws. An employee could file an injunction to prevent disciplinary proceedings or dismissal in certain circumstances. And this could include, for example, if an employer has not granted the employee fair procedures when conducting disciplinary proceedings. Fair trials are a very important concept in Irish labour law, as the right to a fair trial is enshrined in the Irish Constitution. Most of the essential provisions of the employment contract are governed by the following legislation: It would be very rare in Northern Ireland for an order of work to be made by an employee seeking to limit or prevent disciplinary action or dismissal. Although, technically, this can be done within our current legal and procedural framework, it is very unusual, and perhaps it is because we do not have the same codified constitution that applies in the Republic of Ireland. Protection of Young Persons (Employment) Act, 1996: regulates the conditions of employment and labour of children and young people. Irish law provides that equality rights and obligations must be included in the employment contract. It is illegal for an employer to discriminate on any of the following nine grounds in an area of employment, including recruitment, training and promotion.
These include gender, marital status, age, disability, race, sexual orientation, religious beliefs and membership of the Traveller community.